Maryland

Code, Education, § 3-201

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 2. Allegany County.

§ 3-201 Membership.

(a) Elected member defined. -- (1) In this subtitle, "elected member" means a voting member elected under subsection (d) or (e) of this section or a member appointed to an elected position on the County Board under subsection (e) (3) of this section.

(2) "Elected member" does not include a:

(i) County Commissioner serving as an ex officio member of the County Board; or

(ii) Nonvoting student member selected under subsection (f) of this section.

(b) Composition. -- The Allegany County Board consists of:

(1) Five elected members;

(2) The Chairman of the Board of County Commissioners, or any CountyCommissioner so designated by the Chairman, who is an ex officio nonvoting member; and

(3) One nonvoting student member, who is to advise the other members of the County Board on the viewpoint of students who attend Allegany County public schools.

(c) Qualifications. -- An individual nominated for membership as an elected member on the County Board shall be a qualified voter and a resident of Allegany County for at least 3 years.

(d) Election of members. -- The elected members of the Allegany County Board shall be elected:

(1) At a general election as required by subsection (d) of this section or as provided under subsection (e) of this section; and

(2) From Allegany County at large.

(e) Term; vacancies generally. -- (1) Each elected member serves for a term of 4 years beginning on January 2 after the member's election and until a successor is elected and qualifies. If January 2 is a legal holiday, the term begins on the first day after January 2 that is not a legal holiday.

(2) The terms of elected members are staggered as required by the terms of the members serving on the County Board on July 1, 1978.

(3) Except as provided in paragraph (4) of this subsection, the Governor shall appoint a new member to fill any vacancy of an elected member's position on the Board for the remainder of that term and until a successor is elected and qualifies.

(4) If a vacancy occurs before the date that is 10 days prior to the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at the time of the next general election.

(5) Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the County Board.

(6) When more than 1 member of the Board is to be elected at an election and the terms of the offices to be filled at the election vary, the elected candidate receiving the greater number of votes shall fill the office with the longer term.

(7) The candidate receiving the vacated position shall take office as soon as possible after the election, and shall continue to serve for the remainder of the vacated term and until a successor is elected and qualifies.

(8) Except as provided in this subsection, an election to fill a vacancy on the Allegany County Board of Education shall be governed by §§ 32-1 through 32-6 of Article 33 of the Code.

(9) The Allegany County Board of Supervisors of Elections may adopt regulations to implement this subsection.

(f) Student member. -- (1) The nonvoting student member of the County Board shall be:

(i) A twelfth grade student, in good standing, and regularly enrolled in an Allegany County public school;

(ii) A resident of Allegany County for at least 2 years; and (iii) Of good character.

(2) The nonvoting student member shall be nominated and elected for a 1-year term during the school year prior to the school year that the member is to serve on the County Board in accordance with procedures adopted by the Allegany County Association of Student Councils.

(3) If a vacancy occurs in the student member's position before the end of the term, a qualified student shall be selected for the remainder of the term in accordance with procedures of the Allegany County Association of Student Councils.

(g) Removal. -- (1) The State Board may remove an elected member of the County Board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges and give the member an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in the member's own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Allegany County.

Code, Education, § 3-203

Subtitle 2. Allegany County

§ 3-203 Compensation and expenses.

(a) Elected County Board members. -- (1) Except for the ex officio member,

each elected County Board member is entitled to:

(i) An annual salary set by the Allegany County Commissioners in accordance with Article 24, Title 12, Subtitle 1 of the Code; and

(ii) Reimbursement, after submitting vouchers, for travel and other expenses.

(2) Except for the ex officio member, each elected member of the County Board shall be paid in 12 equal monthly installments.

(b) Ex officio member. -- The Chairman of the Board of County Commissioners serves on the County Board without additional compensation. However, after submitting vouchers, the Chairman or the Chairman's designee is entitled to reimbursement for travel and other expenses incurred as a result of meetings of the Board.

Code, Education, § 3-301

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 3. Calvert County.

§ 3-301 Membership.

(a) Composition. -- The Calvert County Board consists of five voting members and one nonvoting student member.

(b) Election of members. -- The five voting members of the Calvert County Board shall be elected at a general election as required by subsections (d) and (f) of this section.

(ii) A member from a County commissioner district who no longer resides in the district may not continue as a member of the County Board.

(2) (i) A member from the County at large shall be a resident of the County.

(ii) A member at large who no longer resides in the County may not continue as a member of the County Board.

(3) A member of the County Board shall be a registered voter of the county for at least 2 years prior to the date of the beginning of the term of office of the member.

(d) From where elected. -- Of the five voting members of the County Board:

(1) One shall be elected from each of the three County commissioner

districts; and

(2) Two shall be elected from the County at large.

(e) Term; vacancies. -- (1) Except for the student member, a member serves for a term of 4 years beginning January 1 after the election of the member and until a successor is elected and qualifies.

(2) The County Commissioners shall appoint a new member to fill any vacancy on the County Board for the remainder of that term and until a successor is elected and qualifies.

(3) (i) Unless otherwise disqualified under this section, a member of the County Board is eligible for reelection.

(ii) An individual may not serve for more than 2 consecutive terms.

(f) Election of members in 1996; staggered terms. -- (1) One member shall be elected from each of the County commissioner districts at the November, 1996 general election.

(2) Two members shall be elected from the County at large at the November, 1996 general election.

(3) The terms of members are staggered as provided in subsection (i) of this section.

(g) Expiration of incumbents' terms. -- (1) The terms of the interim incumbent members of the County Board who hold office on October 1, 1995 shall expire on January 1, 1997.

(2) The members elected under the provisions of subsection (f) of this section shall be elected to replace the members of the County Board serving on the Board on the date of the election.

(h) Student member. -- (1) The student member shall:

(i) Be an eleventh or twelfth grade student in the Calvert County public school system elected by the high school students of the County in accordance with procedures established by the school system;

(ii) Serve for 1 year beginning on July 1 after the election of the member;

(iii) Be a nonvoting member; and

(iv) Advise the Board on the thoughts and feelings of students.

(2) Unless invited to attend by an affirmative vote of a majority of the County Board, the student may not attend an executive session.

(i) Expiration of terms. -- The terms of the members of the County Board who take office on January 1, 1997 shall expire as follows:

(1) The members elected from each of the County Commissioner Districts in 2000; and

(2) The members elected from the County at large in 2002.

Code, Education, § 3-302

Subtitle 3. Calvert County.

§ 3-302 Removal.

(a) Reasons. -- The State Board may remove a member of the County Board for

any of the following reasons:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

(5) Failure to attend, without good cause, at least 75 percent of the scheduled meetings of the Board in any 1 calendar year.

(b) Notice of charges; opportunity for hearing. -- Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.

(1) The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(2) The member shall have an opportunity to be heard publicly before the State Board in the member's own defense, in person, or by counsel.

(d) Right to appeal. -- A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Calvert County.

Code, Education, § 3-303

Subtitle 3. Calvert County.

§ 3-303 President and vice-president; compensation.

(a) Election. -- At its first meeting at the beginning of each calendar year, the County Board shall elect a president and a vice-president from among its members.

(b) Compensation. -- The president of the County Board is entitled to receive $3,000 annually as compensation and the other members are entitled to receive $2,000 each annually as compensation.

Code, Education, § 3-401

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 4. Carroll County.

§ 3-401 Membership.

(a) Composition. -- The Carroll County Board consists of:

(1) Five voting members; and

(2) The County Commissioners, who are nonvoting ex officio members.

(b) Qualifications. -- A candidate elected to the County Board shall be a resident and registered voter of Carroll County. Any member who no longer resides in Carroll County may not continue as a member of the Board.

elected as follows:

(i) Two members of the Board shall be elected in the November general election of 1994 and every 4 years thereafter;

(ii) Two members of the County Board shall be elected in the November general election of 1996 and every 4 years thereafter; and

(iii) One member of the County Board shall be elected in the November general election of 1998 and every 4 years thereafter.

(2) Members of the County Board shall be elected:

(i) At a general election as required by this section; and

(ii) On a general countywide ticket.

(d) Term; vacancies. -- (1) Each member serves for a term of 4 years and until a successor is elected and qualifies. The terms of the members are staggered as required for the elections to the County Board in subsection

(2) The Governor shall appoint a new member to fill any vacancy on the Board for the remainder of that term and until a successor is elected and qualifies.

(3) A member of the County Board as of October 1, 1993, and any member appointed to fill a vacancy in an unexpired term of such member, shall hold office during his term and until a successor is elected and qualifies.

(e) Removal. -- (1) The State Board may remove a member of the County Board

for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Carroll County.

Code, Education, § 3-403

Subtitle 4. Carroll County.

§ 3-403 Compensation.

The chairman of the County Board is entitled to receive $2,000 annually as compensation and the other members are entitled to receive $1,800 each annually as compensation.

Code, Education, § 3-501

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 5. Charles County.

§ 3-501 Membership.

(a) Composition. -- The Charles County Board consists of:

(1) Seven voting members;

(2) One nonvoting student member.

(b) Qualifications. -- An individual nominated for a voting membership on the County Board shall be a resident and registered voter of Charles County. Any member who no longer resides in Charles County or who is not a registered voter of Charles County may not continue as a voting member of the Board.

(1) At a general election as required by subsection (d) of this section; and

(2) From Charles County at large.

(d) Term; vacancies. -- (1) Each voting member serves for a term of 4 years beginning on the third Monday in December after the voting member's election and until a successor is elected and qualifies. If the third Monday in December is a legal holiday, the term begins on the first day after the third Monday in December that is not a legal holiday.

(2) The terms of voting members are staggered as required by the terms of the voting members serving on December 15, 1990.

(3) Subject to the requirements of paragraph (4) of this subsection, the remaining voting members of the County Board shall select a qualified individual to fill any vacancy on the Board for the remainder of that term and until a successor is elected and qualifies.

(4) (i) If a vacancy occurs between the beginning of the term and a date that is 10 days prior to the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at a special election to be held at the time of the next general election.

(ii) In all other respects, the election to fill the vacancy under this paragraph shall be governed by the provisions of Subtitle 32 of the Election Code.

(iii) The person receiving the greatest number of votes in the election shall take office on the third Monday in December after the election, and shall continue to serve for the remaining 2 years of the term and until a successor is elected and qualifies.

(iv) If no person files as a candidate to fill the vacancy, or if none qualifies, the individual appointed to fill the vacancy by the County Board under paragraph (3) of this subsection shall serve the remainder of the term to which the individual was appointed, and until a successor is elected and qualifies.

(e) Removal. -- (1) With the approval of the Governor, the State Board may remove a voting member of the County Board for any of the following reasons:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Wilful neglect of duty.

(2) Before removing a voting member, the State Board shall send the voting member a copy of the charges pending and give the voting member an opportunity within 10 days to request a hearing.

(3) If the voting member requests a hearing within the 10-day period:

(i) The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the voting member a notice of the hearing; and

(ii) The voting member shall have an opportunity to be heard publicly before the State Board in the voting member's own defense, in person or by counsel.

(4) A voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Charles County.

(f) Nonvoting student member. -- (1) The student member of the Charles County Board shall be an 11th or 12th grade student in the Charles County Public School System.

(2) The student member, and an alternate, shall be selected in accordance with procedures approved by the Board. These procedures shall reflect recommendations by and involvement of the Charles County Association of Student Councils.

(3) The term of the student member shall be 1 year.

(4) The student member may not vote, but may indicate a preference for or against any question before the Board.

(5) Unless invited to attend by an affirmative vote of a majority of the County Board, the student member may not attend an executive session that relates to special education placements, collective bargaining, or hearings held under S 6-202 of this article.

(6) The student member may not receive compensation but, after submitting expense vouchers, may be reimbursed for out-of-pocket expenses incurred in connection with official duties approved by the Board.

Code, Education, § 3-503

Subtitle 5. Charles County.

§ 3-503 Salaries and expenses.

(a) Chairman. -- (1) The salary of the Chairman of the County Board is:

(i) $3,710 for the calendar year 1995; and

(ii) $3,820 for calendar years 1996, 1997, and 1998.

(2) The Chairman is entitled, for travel and other expenses, to:

(i) In calendar years 1997 and 1998, $800; and

(ii) In calendar year 1999, and in each subsequent year, $1,500.

(b) Vice Chairman. -- (1) The salary of the Vice Chairman of the County Board is:

(i) $3,400 for the calendar year 1995; and

(ii) $3,500 for the calendar years 1996, 1997, and 1998.

(2) The Vice Chairman is entitled to $600 each year for travel and other expenses.

(i) $3,090 for the calendar year 1995; and

(ii) $3,185 for the calendar years 1996, 1997, and 1998.

(2) Each member is entitled to $600 each year for travel and other expenses.

(d) Payment. -- Each salary provided under this section shall be paid on a quarterly basis.

Code, Education, § 3-601

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 6. Garrett County.

§ 3-601 Membership.

(a) Elected member defined. -- (1) In this subtitle, "elected member" means a member of the County Board elected under subsection (b) (1) or (2) of this section or appointed to fill a vacancy under subsection (e) (3) of this section.

(2) "Elected member" does not include:

(i) The Chairman or Vice Chairman of the Board of County Commissioners; or

(ii) A student member selected under subsection (f) of this section.

(b) Composition. -- The Garrett County Board consists of:

(1) One elected member from each County commissioner district;

(2) Two elected members from the County at large;

(3) The Chairman or Vice Chairman of the Board of County Commissioners, who shall be a nonvoting, ex officio member; and

(4) One nonvoting student member.

(c) Qualifications of members. -- (1) A candidate from a County commissioner district shall be a resident of that district.

(2) The member from the County at large shall be a resident of the County.

(3) A candidate for the County Board shall be a registered voter of the County.

(4) (i) A member from a County commissioner district who no longer resides in that district may not continue as a member of the County Board.

(ii) A member at large who no longer resides in the County may not continue as a member of the County Board.

(d) Election of members. -- (1) Elected members of the Board shall be elected at a general election as required by subsection (e) of this section.

(2) The student member shall be selected in accordance with subsection (f) of this section.

(e) Terms; vacancies. -- (1) Each elected member serves for a term of 4 years beginning on January 1 after the member's election and until a successor is elected and qualifies.

(2) The terms for elected members are staggered as required by the terms of the members serving on January 1, 1985.

(3) The County Commissioners shall appoint a qualified individual to fill any vacancy in an elected member's position on the Board for the remainder of the term and until a successor is elected and qualifies.

(f) Student members. -- (1) Each May, the elected members of the County Board shall select a student member, and an alternate to serve in the event of a vacancy in the student member's position, from among candidates recommended by the Garrett County Association of Student Councils.

(2) The term of the student member is 1 year and begins on July 1.

(3) To be considered for the position of student member, or as the alternate for the student member's position, a student shall:

(i) Be a sophomore or junior in high school at the time of applying;

(ii) Have attended Garrett County public schools for at least 2 years;

(iii) Be in good academic standing and have maintained a grade average of at least 80% during the previous 2 academic years; and

(iv) Not have experienced significant attendance or disciplinary problems during the student's high school career.

(4) (i) The Garrett County Association of Student Councils shall propose procedures governing the selection of candidates for the student member's position.

(ii) The procedures proposed under this paragraph are subject to the approval by the elected members of the Board.

(iii) The procedures adopted under this paragraph shall provide for the selection of up to four candidates, selected by the Garrett County Association of Student Councils by secret ballot, for the position of student member. The names of the candidates shall be forwarded to the elected members of the County Board for final selection of the student member and of an alternate.

(5) The student member:

(i) Shall attend all regular meetings of the County Board;

(ii) May attend special public meetings of the County Board;

(iii) Shall attend all meetings of the Garrett County Association of Student Councils; and

(iv) Shall continue to meet all the requirements for selection to the student member position.

(6) The student member may not attend executive sessions of the County Board.

(g) Removal. -- (1) The State Board may remove an elected member of the County Board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges and give the member an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Garrett County.

Code, Education, § 3-603

Subtitle 6. Garrett County.

§ 3-603 Compensation and expenses.

Each elected member of the County Board is entitled to:

(1) The salary set by the County Commissioners in accordance with Chapter 91

of the Public Local Laws of Garrett County; and

(2) Reimbursement not exceeding $400 a year for travel and other expenses, including travel expenses to and from board meetings held in the county at the rate Garrett County pays for mileage.

Code, Education, § 3-701

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 7. Howard County.

§ 3-701 Membership.

(a) Composition. -- The Howard County Board consists of five members.

(b) Qualifications. -- A candidate elected to the County Board shall be a resident and registered voter of Howard County. Any member who no longer resides in Howard County may not continue as a member of the Board.

(1) At the general election every 2 years as required by subsection (d) of this section; and

(2) From Howard County at large.

(d) Term; vacancies. -- (1) Each member serves for a term of 6 years beginning on the first Monday in December after his election and until a successor is elected and qualifies. The terms of members are staggered as required by the terms of the members serving on the County Board as of July 1, 1978.

(2) Subject to the confirmation of the County Council, the County Executive of Howard County shall appoint a qualified individual to fill any vacancy on the County Board for the remainder of that term and until a successor is appointed and qualifies.

(e) Removal. -- (1) The State Board may remove a member of the County Board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Howard County.

Code, Education, § 3-703

Subtitle 7. Howard County.

§ 3-703 Compensation and expenses.

(a) Compensation. -- The Chairman of the County Board is entitled to receive $10,000 annually as compensation and the other members are entitled to receive $9,000 each annually as compensation.

(b) Expenses. -- The Chairman and the other members are entitled to the allowances for travel and other expenses provided in the Howard County budget.

Code, Education, § 3-801

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 8. Kent County.

§ 3-801 Membership.

(a) Composition. -- The Kent County Board consists of five members.

(b) Qualifications. -- A candidate elected to the County Board shall be a resident and registered voter of Kent County. Any member who no longer resides in Kent County may not continue as a member of the Board.

(c) Election of members. -- (1) The incumbent members of the Kent County Board who hold office on July 1, 1978 shall hold office until their successors are elected and qualify.

(2) Members of the Kent County Board shall be elected from Kent County at large as follows:

(i) Two members of the County Board shall be elected in the November general election of 1978 and every 6 years after to replace the two interim incumbent members of the Board whose terms expire in 1977 and 1978;

(ii) Two members of the County Board shall be elected in the November general election of 1980 and every 6 years after to replace the two interim incumbent members of the Board whose terms expire in 1980; and

(iii) One member of the County Board shall be elected in the November general election of 1982 and every 6 years after to replace the interim incumbent member of the Board whose term expires in 1981.

(d) Term; vacancies; consecutive terms. -- (1) Each member serves for a term of 6 years beginning on January 1 after his election and until a successor is elected and qualifies. The terms of members are staggered and elections shall be held as provided in subsection (c) of this section.

(2) (i) Any vacancy on the County Board that occurs on or before the filing deadline for candidates in an election held in the fourth year of the term of office of any member shall be filled, for the remainder of that term and until a successor is elected and qualifies, at the general election:

1. Next following the creation of the vacancy; and

2. For which the deadline for the filing of candidates has not expired.

(ii) Any other vacancy, including a vacancy existing during the period preceding the election of a successor as provided in subparagraph (i) of this paragraph, shall be filled by a qualified individual appointed by the Governor to serve until a successor is elected and qualifies.

(iii) The election provided for in subparagraph (i) of this paragraph shall be governed by Subtitle 32 of Article 33 of the Code.

(3) An individual may serve for more than 2 consecutive terms.

(e) Removal. -- (1) The State Board may remove a member of the County Board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Kent County.

Code, Education, § 3-803

Subtitle 8. Kent County.

§ 3-803 Compensation and expenses.

(a) Compensation. -- The Chairman of the County Board is entitled to receive $2,400 annually as compensation and the other members are entitled to receive $2,000 each annually as compensation.

(b) Expenses. -- The Chairman and the other members are entitled to the allowances for travel and other expenses provided in the Kent County budget.

Code, Education, § 3-901

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 9. Montgomery County.

§ 3-901 Membership.

(a) Definitions. -- In this subtitle, the following words have the meanings indicated:

(1) "Elected member" means 1 of the 7 elected and voting members of the Montgomery County Board or a member appointed to fill a vacancy of 1 of these 7 members.

(2) "Board of Education District" means a geographic area of Montgomery County in which an elected member of the Montgomery County Board of Education must be a legal resident. The geographic area of each district is described in subsection (f) of this section. Each district shall be substantially equal in population, and the districts shall be reapportioned on the basis of each decennial census of the United States. Reapportioned districts shall become effective for the term of office commencing after the first regular primary election held at least 15 months after the official report on population is received by the State from the Bureau of the Census.

(b) Composition. -- The Montgomery County Board consists of:

(1) 5 elected members, each of whom resides in a different board of education district;

(2) 2 elected members who may reside anywhere in the County; and

(3) 1 student member.

(c) Qualifications of elected members. -- An elected member of the County Board shall be a registered voter of Montgomery County.

(d) Election of members. -- Members of the Montgomery County Board shall be elected at the general election every 2 years as required by subsection (f) of this section.

(e) Qualifications and election of student member, student member special provisions. -- (1) The student member shall be a bona fide resident of Montgomery County and a regularly enrolled junior or senior year student from a Montgomery County public high school.

(2) The nomination and election process shall be as agreed on by the County Board and the Montgomery County region of the Maryland Association of Student Councils. This agreement shall include a process by which to replace one or both of the final candidates if they are unable to proceed in the election. Any student enrolled in grades 7 through 12 in the Montgomery County public schools may:

(i) Nominate a student member candidate;

(ii) Vote for delegates from the student's school, who in turn vote in a nominating convention to reduce to 2 the number of candidates for student Board member if there are 3 or more candidates; and

(iii) Vote directly for 1 of the 2 remaining student Board member candidates.

(3) The candidate receiving the second highest number of votes in the direct election shall become the alternate student member. The alternate shall serve if the student member is unable to complete his elected term.

(4) Except as provided in paragraphs (5), (6), and (7) of this subsection, the student member has the same rights and privileges of an elected member.

(5) Unless invited to attend by the affirmative vote of a majority of the County Board, the student member may not attend an executive session that relates to:

(i) Hearings held under S 6-202 (a) of this article; or

(ii) Collective bargaining.

(6) As provided in paragraph (7) of this subsection, the student member shall vote on all matters except those relating to:

(i) S 6-202 (a) of this article;

(ii) Collective bargaining;

(iii) Capital and operating budgets; and

(iv) School closings, reopenings, and boundaries.

(7) On a majority vote of the elected members, the Board may determine, on a case by case basis, whether a matter under consideration is covered by the exclusionary provisions listed in paragraph (6) of this subsection.

(f) Term; vacancies; residency requirements. -- (1) Each elected member serves for a term of 4 years beginning on December 1 after the member's election and until a successor is elected and qualifies. The terms of elected members are staggered as required by the terms of the members serving on the County Board as of July 1, 1978 so that 4 members are elected in gubernatorial election years and 3 members are elected in presidential election years.

(2) Elected members of the County Board shall be elected by the voters of the entire County.

(3) (i) Of the 3 members elected in 1992 and every 4 years thereafter, 1 shall reside in Board of Education District 2 and 1 shall reside in Board of Education District 4. The third member may reside in any part of the County.

(ii) Of the 4 members elected in 1990 and every 4 years thereafter, 1 shall reside in Board of Education District 1, 1 shall reside in Board of Education District 3, and 1 shall reside in Board of Education District 5. The fourth member may reside in any part of the County.

(iii) The descriptions of board of education districts in this subsection refer to the geographical boundaries of:

1. The election districts as they existed as of April 1, 1990; and

2. The precincts:

A. As reviewed and certified by the Montgomery County Board of Supervisors of Elections or its designees, before the precinct boundaries were reported to the U.S. Bureau of the Census as part of the 1990 Census Redistricting Data Program; and

B. As those precinct lines are specifically shown on the P.L. 94-171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Maryland Office of Planning.

(iv) Board of Education District 1 consists of all of Election Districts 1, 2, 3, 11, and 12; Precinct 3 in Election District 6; and Precincts 1, 2, 5, 7, 8, 9, 10, 11, 12, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 in Election District 9.

(v) Board of Education District 2 consists of Precincts 1, 2, 3, 5, 6, 7, 9, 12, 13, 14, 16, 17, 18, 20, 21, 22, 23, 25, 29, 30, 32, and 33 in Election District 4; Precincts 1, 2, 4, 5, and 6 in Election District 6; Precincts 3, 6, 13, and 16 in Election District 9; Precincts 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, and 13 in Election District 10; and Precincts 35, 37, 43, 45, 51, 52, and 60 in Election District 13.

(vi) Board of Education District 3 consists of Precincts 4, 8, 10, 11, 15, 24, 26, 27, 28, and 31 in Election District 4; all of Election District 7; Precincts 7 and 10 in Election District 10; and Precincts 3, 7, 16, 26, 27, 34, 38, 39, 40, and 62 in Election District 13.

(vii) Board of Education District 4 consists of Precincts 4 and 14 in Election District 5; and Precincts 1, 2, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 36, 41, 42, 44, 47, 48, 50, 53, 55, 56, 57, 58, 59, 63, 67, and 68 in Election District 13.

(viii) Board of Education District 5 consists of Precinct 19 in Election District 4; Precincts 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 in Election District 5; Precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Election District 8; Precincts 4 and 14 in Election District 9; and

Precincts 46, 49, 54, and 64 in Election District 13.

(4) (i) The student member serves for a term of 1 year beginning on July 1 after his election.

(ii) The student member shall be replaced for the remainder of the term by the alternate student member if the student member:

1. Resigns or otherwise is unable to complete the term; or

2. Is removed under the provisions of subsection (g) of this section.

(iii) The elected members of the County Board shall select a student to complete the remainder of the term if the student member is replaced as provided in subparagraph (ii) of this paragraph and the alternate member:

1. Resigns or otherwise is unable to complete the term; or

2. Is removed under the provisions of subsection (g) of this section.

(5) The remaining members of the County Board shall select a qualified individual to fill any vacancy on the elected Board for the remainder of that term and until a successor is elected and qualifies.

(6) (i) Subject to subparagraph (ii) of this paragraph, an elected County Board member shall forfeit the office if the member fails to reside in the board of education district from which the member was elected.

(ii) If the failure to continue to reside in the district is caused by an alteration in the board of education district boundaries because of reapportionment, the member may complete the term for which the member was elected.

(iii) In the event of a vacancy caused by a member who is required to reside in a particular board of education district, the person appointed to fill the vacancy shall reside in the same district at the time of appointment and while filling out the unexpired term.

(g) Removal. -- (1) The Montgomery County Council may remove a member of the County Board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the County Council shall provide the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The County Council promptly shall hold a hearing, but a hearing may not be set within 10 days after the County Council sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the County Council in the member's own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Montgomery County.

Code, Education, S 3-902

Subtitle 9. Montgomery County.

§ 3-902 Compensation.

(a) Allowances for elected members taking office before November 30, 1978. --An elected member of the County Board who is serving a term of office that began before November 30, 1978 may not receive compensation for his services but is entitled to an allowance of $6,000 annually or any larger sum for travel and other expenses as provided by the Montgomery County Council.

(b) Compensation for elected members taking office after November 30, 1986. -- (1) An elected member of the County Board whose current full term of office began on or after November 30, 1986 is entitled to receive $12,000 annually as compensation instead of allowances and the President of the County Board if entitled to compensation under this subsection is entitled to an additional $2,000 annually as compensation.

(2) A member receiving annual compensation also is entitled to reimbursement for expenses as approved by the Montgomery County Council.

(c) Student member. -- The student member may not receive compensation but, after submitting expense vouchers, may be reimbursed, but only for out-of- pocket expenses incurred in connection with official duties.

Code, Education, § 3-1002

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 10. Prince George's County.

§ 3-1002 Membership.

(a) Elected member defined. -- In this subtitle, "elected member" means one of the nine elected members of the Prince George's County Board or a member appointed to fill a vacancy of one of these nine members.

(b) Composition. -- The Prince George's County Board consists of nine elected members and one student member selected under subsection (f) (2) of this section.

(c) Qualifications of elected members. -- (1) A candidate for the County Board shall be a resident of Prince George's County for at least 3 years and a registered voter of the County before the election.

(2) From the time of filing as a candidate for election, each candidate for the County Board shall reside in the school board district the candidate seeks to represent.

(3) An elected County Board member shall forfeit his office if he:

(i) Fails to reside in the school board district from which he was elected, unless this change is caused by a change in the boundaries of the district; or

(ii) Fails to be a registered voter of the County.

(4) A County Board member may not hold another office of profit in county government during his term.

(5) Each elected member of the County Board shall be nominated by the registered voters of his school board district.

(d) Election of members. -- Members of the Prince George's County Board shall be elected:

(1) At the general election every 2 years as required by subsection (g) of this section; and

(2) By the registered voters of his school board district.

(e) Replacement of candidate. -- (1) If a candidate for the County Board dies or withdraws the candidacy during the period beginning with the date of the primary and ending 70 days before the date of the general election, the Board of Supervisors of Elections shall:

(i) Replace the name of the deceased or withdrawn candidate on the ballot for the general election with the name of the candidate who received the next highest number of votes in the primary election; or

(ii) If a contested primary was not held, reopen the filing process to allow other persons to file as candidates.

(2) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, the Board of Supervisors of Elections shall add to the ballot for the general election the name of any person who files as a candidate in accordance with paragraph (1) (ii) of this subsection.

(ii) The Board of Supervisors of Elections may not add additional candidates to the ballot for the general election within 70 days before the date of the election.

(f) Qualifications and election of student member. -- (1) The student member shall be an eleventh or twelfth grade student in the Prince George's County public school system during the student's term in office.

(2) An eligible student shall file a nomination form at least 2 weeks before a special election meeting of the Prince George's regional association of student governments. Nomination forms shall be made available in the administrative offices of all public senior high schools in the County, the office of student concerns, and the office of the president of the regional association. The delegates to the regional association annually shall elect the student member to the Board at a special election meeting to be held each school year.

(3) The student member may vote on all matters before the Board except those relating to:

(i) Capital and operating budgets;

(ii) School closings, reopenings, and boundaries;

(iii) Collective bargaining decisions;

(iv) Student disciplinary matters;

(v) Teacher and administrator disciplinary matters as provided under S 6-202 (a) of this article; and

(vi) Other personnel matters.

(4) On an affirmative vote of a majority of the elected members of the County Board, the Board may determine if a matter before the Board relates to a subject that the student member may not vote on under paragraph (3) of this subsection.

(5) Unless invited to attend by an affirmative vote of a majority of the County Board, the student member may not attend an executive session that relates to hearings on appeals of special education placements, hearings held under S 6-202 (a) of this article, or collective bargaining.

(g) Term; vacancies. -- (1) Each elected member serves for a term of 4 years beginning on the first Monday in December after his election and until his successor is elected and qualifies. The terms of members are staggered as required by the terms of the members serving on the County Board as of July 1, 1978.

(2) The student member serves for a term of 1 year beginning at the end of a school year.

(3) Subject to the confirmation of the County Council, the County Executive of Prince George's County shall appoint a qualified individual to fill any vacancy on the County Board until a successor is elected and qualifies at the next Congressional election.

(h) Completion of original elected board. -- (1) The County Board members from school board districts II, V, and VIII who were elected for the first time at the November 6, 1973 election serve until the first Monday in December 1978 and may seek reelection in 1978 for a 4-year term.

(2) The members from school board districts III, VI, and IX who were elected at the November 6, 1973 election serve until the first Monday in December, 1980 and may seek reelection in 1980 for a 4-year term.

(i) Removal. -- (1) With the approval of the Governor, the State Board may remove a member of the County Board for any of the following reasons:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Prince George's County.

Code, Education, § 3-1101

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 11. St. Mary's County.

§ 3-1101 Membership.

(a) Composition. -- The St. Mary's Board consists of:

(1) Five voting members; and

(2) One student member.

(b) Student member generally. -- The student member shall:

(1) Be an 11th or 12th grade student in the St. Mary's County Public School System;

(2) Serve for 1 year;

(3) Be a nonvoting member; and

(4) Advise the County Board on the thoughts and feelings of the students.

(c) Restrictions on student member. -- Unless invited to attend by an affirmative vote of a majority of the County Board, the student member may not attend an executive session of the County Board.

(d) Qualifications. -- (1) (i) A candidate elected to the County Board shall be a resident and registered voter of St. Mary's County. A member who is no longer a resident and a registered voter of St. Mary's County may not continue as a member of the County Board.

(ii) A candidate who files to represent one of the commissioner election districts must be a resident of that election district.

(iii) Candidates filing for office to represent the County at large may reside anywhere in the County.

(2) An individual subject to the authority of the County Board at the time of filing is ineligible to be a candidate.

(e) Election of voting members. -- (1) The St. Mary's County Board consists of five voting members who shall be elected as follows:

(i) One member shall be elected from the County at large; and

(ii) One member shall be elected from each of the four commissioner districts.

(2) Voting members of the County Board shall be elected:

(i) At a general election as required by this section; and

(ii) On a general countywide ticket.

(3) Members of the County Board elected in the 1996 general election from Commissioner Districts One and Three shall serve for an initial term of 2 years. An election shall be conducted in 1998 and every 4 years thereafter.

(4) Members of the County Board elected in the 1996 general election from Commissioner Election Districts Two and Four and from the County at large shall serve for an initial term of 4 years. An election shall be conducted in 2000 and every 4 years thereafter.

(5) Except as specified in this section, elections shall be conducted in accordance with Article 33, Subtitle 32 of the Annotated Code of Maryland.

(f) Election of student member. -- (1) The student member of the County Board shall be elected by qualified students of the St. Mary's County Public School System. The student member shall not be subject to approval by the County Board.

(2) The voting members of the County Board shall:

(i) Determine which students in the St. Mary's County Public School System may elect the student member of the County Board; and

(ii) Develop nomination and election procedures governing the election of the student member.

(g) Terms; vacancies. -- (1) Except as specified in this section, an elected member shall serve for a term of 4 years. The term of each member shall commence on the first Monday in December after the member's election and shall continue until a successor is elected and qualifies.

(2) The term of the student member shall commence on the first Monday in July and continue for 1 year.

(3) If a vacancy occurs on the County Board, the St. Mary's Board of County Commissioners shall appoint a qualified individual to serve for the remainder of that term and until a successor is elected and qualifies.

(h) Removal. -- (1) The State Board may remove a member of the County Board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetence; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a notice, by registered mail, return receipt requested, that specifies the charges against the member.

(3) (i) Within 15 days from the date the State Board sends the notice, the member may request a public hearing. The member shall send this request to the County Board by registered mail, return receipt requested.

(ii) If the member requests a hearing, the State Board shall conduct a hearing promptly, but not before the 11th day from the date the State Board sent notice to the member.

(iii) The member shall have the right to a public hearing and to representation by counsel at the hearing.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court of St. Mary's County.

Code, Education, § 3-1103

Subtitle 11. St. Mary's County.

§ 3-1103 Compensation and expenses.

The compensation and expenses of the members of the County Board shall be paid from the St. Mary's County Board of Education operating funds.

Code, Education, § 3-1201

ANNOTATED CODE OF MARYLAND

EDUCATION.

DIVISION II. ELEMENTARY AND SECONDARY EDUCATION.

TITLE 3. ESTABLISHMENT OF COUNTY BOARDS OF EDUCATION.

Subtitle 12. Somerset County.

§ 3-1201 Membership.

(a) Composition. -- The Somerset County Board shall be elected and consists of one member elected from each commissioner district in the County.

(b) Qualifications of members. -- (1) A member from a commissioner district shall be a resident of that district.

(2) A candidate for the County Board shall be a registered voter of the County.

(3) A member from a commissioner district who no longer resides in that district may not continue as a member of the County Board.

(c) Election of members. -- Members of the Board shall be elected at a general election as required by subsection (d) of this section.

(d) Term; vacancies. -- (1) Each member serves for a term of 4 years beginning on January 1 after the member's election and until a successor is elected and qualifies.

(2) The Governor shall appoint a qualified individual to fill any vacancy on the Board for the remainder of the term and until a successor is elected and qualifies.

(e) Removal. -- (1) The State Board may remove a member of the County Board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10-day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Somerset County.

Code, Education, § 3-1203

Subtitle 12. Somerset County.

§ 3-1203 Compensation and expenses.

(a) Compensation. -- Annual compensation for the Board is as follows:

(1) Chairman -- $3,000

(2) Member -- $2,700

(b) Expenses. -- The Chairman and other members are entitled to:

(1) Reimbursement for expenses incurred in official duties performed outside Somerset County; and

(2) $500 per member per year for expenses incurred in official duties performed within Somerset County.